Herreshoff v. American & British Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, American and British Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of May, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on or about the 3d day of June, 1914, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
This is an action by a discharged employee against his employer for damages for the discharge. The employment, the agreed rate of compensation, and the discharge before the end of the stipulated term, were all admitted by the answer, the defendant pleading that, for reasons alleged in the answer, the discharge was justified. It was also sought to be shown that after the discharge and during the agreed term of service plaintiff had been engaged in work from which he ultimately derived a profit. The questions raised by the answer were duly submitted to the jury, and so far as concerns…
2Cases cited5 opinions
- Millerd v. . ThornNew York Court of Appeals · 1874
- Linton v. Unexcelled Fireworks Co.New York Court of Appeals · 1891
- Milage v. . WoodwardNew York Court of Appeals · 1906
- Heilbronn v. . HerzogNew York Court of Appeals · 1900
- Allen v. Glen Creamery Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Farquhar v. American Code Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Herreshoff v. American & British Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Regan v. KelleyAppellate Terms of the Supreme Court of New York · 1915